Arunprabhu v. The Joint Sub Registrar -1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM:

THE HONOURABLE MRS JUSTICE S.SRIMATHY W.P.(MD) No.20469 of 2025 Arunprabhu ... Petitioner Vs The Joint Sub Registrar -1 , Registration Department, Sub Registrar Office,Thanjavur,Thanjavur District. ... Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned check slip in RFL/1 No Joint Sub Registrar Thanjavur/ 70/2025 dated 10.05.2025 issued by the respondent and quash the same and consequently direct the respondent to receive the sale deed dated 06.05.2025 executed by the petitioner in favour of one V.Kumar and register the same and release the document presented by the petitioner as per the Registration Act 1908.

For Petitioner : Mr.A.Arun Prasad.

For Respondent : Mr.S.Saji Bino, Special Government Pleader.

ORDER

The present writ petition has filed for issuance of Writ of Certiorarified Mandamus, to quash the impugned check slip in RFL/1 No Joint Sub Registrar Thanjavur/ 70/2025 dated 10.05.2025 issued by the respondent and consequently to direct the respondent to receive the sale deed dated 06.05.2025 executed by the petitioner in favour of one V.Kumar and register the same and release the document presented by the petitioner as per the Registration Act 1908.

2.The respondent, through the impugned order has refused to register the sale deed stating that a third party namely, M.Jeyashanthi, has raised objection.

3.It is settled proposition that the respondent cannot refuse registration based on the third party objection. If allowed, then it would be allowing the respondents to sit as civil Court and determining the title

of the parties, which is prohibited under law. Hence, the impugned order is liable to be quashed.

4.Accordingly, this writ petition stands allowed. The impugned check slip in RFL/1 No Joint Sub Registrar Thanjavur/ 70/2025 dated 10.05.2025 issued by the respondent is hereby quashed. The respondent is directed to receive the sale deed dated 06.05.2025 executed by the petitioner in favour of one V.Kumar and register the same and release the document presented by the petitioner as per the Registration Act 1908. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. No costs. 28.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes vsg To The Joint Sub Registrar -1 , Registration Department, Sub Registrar Office, Thanjavur,Thanjavur District.

S.SRIMATHY, J vsg W.P.(MD) No. 20469 of 2025 28.07.2025